Someone has started sleeping on the sidewalk next to our house

[Anonymous]

In the last few days, I've noticed a person sleeping on the sidewalk by our house (during the day, I'm not sure if they stay there at night as well or not). They have a few bags, a blanket and that's about it. I'm not sure what to do. I am sure they don't have anywhere else to go and this is a quiet and safe corner for them, but on the other hand, I must admit I'm also not very comfortable with them being there all the time. They haven't done anything wrong, just occasionally ask for money, but my kids now don't want to go play in the part of the yard that faces that corner and they're asking me why this person is there...

[Anonymous]

Try to get them some support services

[Anonymous]

It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

[Anonymous]

I would watch and move their things when they are gone. And call the police/behavior health/shelter emergency line constantly. I’m all for supporting people but not allowing a homeless encampment to be established by my fence. Because it will never go away. They can camp beneath an underpass or on a median - not on a residential corner.

[Anonymous]

Anonymous wrote:It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

Those laws are likely unconstitutional https://www.npr.org/2019/12/16/788435163/supreme-court-wont-hear-case-to-ticket-homeless-for-sleeping-in-public-spaces and probably won’t be enforced

[Anonymous]

Anonymous wrote:I would watch and move their things when they are gone. And call the police/behavior health/shelter emergency line constantly. I’m all for supporting people but not allowing a homeless encampment to be established by my fence. Because it will never go away. They can camp beneath an underpass or on a median - not on a residential corner.

Don't touch their stuff. That's not legal.

[Anonymous]

I would try calling a non-profit in the area that specializes in homelessness to ask for help. They might be able to send a case worker out to talk to him, see if they can get him setup with shelter. Especially with the kind of temperatures that are common here in July, he really needs shelter, and I think DC is committed to housing everyone when the temperature hits a certain level (something like 90? The kind of temp that you can't avoid in a week in DC). The Washington Legal Clinic for the Homeless is one that I'm a donor of, so that's probably where I would start, but there are lots of others. Maybe Thrive DC?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

Those laws are likely unconstitutional https://www.npr.org/2019/12/16/788435163/supreme-court-wont-hear-case-to-ticket-homeless-for-sleeping-in-public-spaces and probably won’t be enforced

The 9th Circuit has no jurisdiction over DC and MPD already has a policy framework in place for enforcement. So everything you've posted is irrelevant.
https://policecomplaints.dc.gov/sites/default/files/dc/sites/office%20of%20police%20complaints/publication/attachments/Blocking%20Passage%20Report.FINAL_.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:I would watch and move their things when they are gone. And call the police/behavior health/shelter emergency line constantly. I’m all for supporting people but not allowing a homeless encampment to be established by my fence. Because it will never go away. They can camp beneath an underpass or on a median - not on a residential corner.

Don't touch their stuff. That's not legal.

+1 This is terrible advice.

[Anonymous]

Don't touch their stuff. Call the cops. MPD will know who to contact.

[Anonymous]

Anonymous wrote:It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

Congrats, you're part of the problem. Shipping him off to jail is a) counter productive and b) more expensive than housing.

[Anonymous]

Anonymous wrote:I would try calling a non-profit in the area that specializes in homelessness to ask for help. They might be able to send a case worker out to talk to him, see if they can get him setup with shelter. Especially with the kind of temperatures that are common here in July, he really needs shelter, and I think DC is committed to housing everyone when the temperature hits a certain level (something like 90? The kind of temp that you can't avoid in a week in DC). The Washington Legal Clinic for the Homeless is one that I'm a donor of, so that's probably where I would start, but there are lots of others. Maybe Thrive DC?

This. Thank you

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

Those laws are likely unconstitutional https://www.npr.org/2019/12/16/788435163/supreme-court-wont-hear-case-to-ticket-homeless-for-sleeping-in-public-spaces and probably won’t be enforced

I don't think so, unless for vagueness. You can't outlaw public sleeping unless you provide shelter; but you can certainly have rules that prevent sidewalks from being blocked. There's an elaborate public space permiting process for htat reason.

[Anonymous]

If you're in DC, have fun fighting this. Apparently the laws aren't enforceable anymore. Just ask those of us living in Dupont.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's illegal. Call the cops.

Section 22-1307 of the DC Code is the District’s Blocking Passage statute. This law gives MPD officers the authority to prevent crowding, obstructing, or incommoding of public spaces. According to this statute, which was effective June 11, 2013, it is unlawful for one or more persons to crowd, obstruct, or incommode “(A) the use of any street, avenue, alley, road, highway, or sidewalk; (B) the entrance of any public or private building or enclosure; (C) the use of or passage through any public building or public conveyance; or (D) the passage through or within any park or reservation.” MPD officers are required to issue a move along order instructing any person who violates the above statute to cease doing so prior to issuing a citation. The law does not require proof that the person engaging in the activity actually “breached the peace.” Duffee v. D.C., 93 A.3d 1273, 1275 (D.C. 2014)

Congrats, you're part of the problem. Shipping him off to jail is a) counter productive and b) more expensive than housing.

The problem is someone sleeping on the sidewalk in front of someone's house. I did not put them there. There is a law that explicitly forbids that in DC. The remedy in the law, as clearly stated, is a "move along order" not arrest. As in any circumstance, if a person fails to abide by a lawful order, then they can be arrested. If you don't like the law, then you can petition your representatives to have it changed.